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Power of Attorney
Is my Power of Attorney valid without a thumbprint requirement?

Is my Power of Attorney valid without a thumbprint requirement?

Q: Do powers of attorney need to be updated?

Yes, powers of attorney (PoAs) should be updated if there are significant changes in the principal's circumstances, such as a change in health, relationships, or if the laws governing PoAs change. It is also wise to review and update a PoA periodically to ensure it reflects the principal's current wishes.

Full question:

I have Power of Attorney since 1998, but now they want signer to have thumbprint as of 2008, Will my Power of Attorney still be valid even if I don't have the thumbprint requested for law passed in 2008

Category: Power of Attorney
Date: 04/07/2025
State: California

Answer:

Your Power of Attorney (PoA) from 1998 remains valid even without the thumbprint. The law enacted in 2008 established a thumbprint requirement for new PoAs but did not invalidate existing ones. Revoking all preexisting PoAs would have created significant legal issues.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

What three decisions cannot be made by a legal power of attorney?

A legal power of attorney (PoA) cannot make decisions regarding the principal's will, divorce, or certain medical decisions if the principal has specified otherwise in a living will. Additionally, a PoA cannot make decisions that are illegal or outside the scope of authority granted by the principal.

What is a POA not allowed to do?

A power of attorney (PoA) is not allowed to make decisions that are against the principal's wishes, such as altering a will or making health care decisions if the principal has designated a different agent for those decisions. They also cannot engage in self-dealing or make decisions that benefit themselves at the expense of the principal.

Do powers of attorney need to be updated?

What are the rules for power of attorney in Maryland?

In Maryland, a power of attorney must be signed by the principal and two witnesses or a notary public. The agent must act in the best interest of the principal and cannot make decisions that are not authorized in the document. Maryland law also allows for a durable power of attorney, which remains effective even if the principal becomes incapacitated.

What are the disadvantages of being a power of attorney?

Being a power of attorney (PoA) can involve significant responsibilities, including managing the principal's finances and making health care decisions. This role can lead to potential legal liability if the agent does not act in the principal's best interests. Additionally, the agent may face emotional stress and the burden of making difficult decisions.

What are the limitations of power of attorney?

The limitations of a power of attorney (PoA) include the inability to make decisions that are outside the scope of authority granted, such as making a will or decisions that violate the principal's wishes. A PoA also cannot act if the principal is deemed mentally incompetent unless it is a durable PoA, which remains effective during incapacity.